Anyone very familiar with FMLA?

Icarriedawatermelon

I have some questions regarding FMLA and I'm wondering if anyone can help me out. For my maternity leave, I took 50 sick days followed by 12 weeks FMLA. I got paid for the sick time because it's paid time off and am receiving benefits while on FMLA absent a salary. My employer informed me yesterday that the FMLA should run concurrently with the sick time, not after. I didn't think it worked that way. I was under the impression that FMLA is when you no longer have paid time off, so it would begin after my 50 days are used. So now they're making it seem like they're doing me some kind of favor by allowing me to take the 50 days followed by the FMLA, rather than concurrently. And they want me to get FMLA forms filled out by my medical provider now. My baby is 4 months old. How can I go back and ask my doctors office to fill out the form now? Anyone have any thoughts?? Thanks in advance!

PixiesDust

My FMLA ran concurrently with my sick time.

Icarriedawatermelon

PixiesDust said:

My FMLA ran concurrently with my sick time.

Ok, thanks. I didn't think it worked that way.

ncase2

FMLA does typically run concurrently with any PTO you have. That being said, you should be able to go to your provider, explain to them the situation and they should be able to fill out your paperwork - however, legally, they can only write you out for 12 weeks after the birth of your child, so I'm not sure how your work will fix it. If it were me I would put you out for the 12 weeks following the birth and then start using the 50 days, and fix things from a payroll / administrative perspective to make sure you don't get overpaid. 

steph191

I'm in NJ and had to wait until I was off payroll and not getting disability (we get 6 weeks at my school) before I could apply for FMLA. If you even try to hand the papers in early they get mad.

Icarriedawatermelon

@steph191 so your FMLA began after using paid time off?

juliemay623

steph191 said:

I'm in NJ and had to wait until I was off payroll and not getting disability (we get 6 weeks at my school) before I could apply for FMLA. If you even try to hand the papers in early they get mad.

This. I got 4 weeks before my due date and 10 weeks after delivery for STD. Then I used up all vacation and holidays. Now I am just starting my 6 weeks of paid family leave... Is that the same as FMLA? The CA forms say you can't be getting paid by your employer and be on the family leave and I would be getting paid if I was just on PTO.

muffyvonmuff

DH needs to use all paid time before FMLA time,  he's nowhere close to the 12weeks though.  He used maybe 4 weeks last year here and there and now his vacation and sick time re-upped. 

#marriedtoanAmtrakDispatcher

#choochoo

steph191

Shedna said:

@steph191 so your FMLA began after using paid time off?

Yes. My district allows us to use 20 sick days after baby is born before taking you off of payroll, but since we also pay into a disability plan that covers you for six weeks after delivery, I had two weeks where the only income was the disability pay and then I could file the FMLA paperwork.

sooner1981

I write fmla policies for a living--basically, fmla is a federal leave act, so it supercedes all state laws and it can't be enforced differently in different states.

If you meet all the qualifications, fmla guarantees you at least 12 weeks of unpaid leave in the first year after your child is born. If you want to take the leave in any form other than one continuous 12 week block, it requires you to get your employer's approval.

Also, your employer may require you to take all other paid leave provided by the company concurrently with the 12 week-guaranteed fmla leave.

Any other type of family leave is state-specific. Also, disability leave is its own animal, although you can be required in most states to count the disability leave as part of the federally-guaranteed 12 week period.

Icarriedawatermelon

Thanks everyone.  I am just confused about this whole FMLA thing.  I submitted my maternity leave as 50 sick days followed by 12 weeks FMLA, which was approved by our board.  Now, they're saying that FMLA should run concurrently with my sick days and that they need this FMLA form from my medical provider and I'm all 

How can I possibly ask my doctor's office to fill out a form that asks questions like "estimated date of delivery."  Umm, my baby is 4 months old.  I'm totally frustrated right now.

Thanks for your responses! 

Icarriedawatermelon

@sooner1981  Thanks for your input.  When you say "your employer may require you to take all other paid leave provided by the company concurrently with the 12 week-guaranteed fmla leave" I take that to mean that it's up to the employer to enforce that.  Doesn't that mean that FMLA can be enforced differently???  You started your response saying that it can't be enforced differently.   I'm confused?? 

jennlin

In wa state and/or my company it's concurrently.

sweettwilight16

The FMLA clock should start as soon as your doctor states you are unable to work, and usually runs concurrently with disability or PTO. I think the "May" refers to their policy about forcing you to use paid time, not when FMLA starts.

sooner1981

Shedna said:

@sooner1981  Thanks for your input.  When you say "your employer may require you to take all other paid leave provided by the company concurrently with the 12 week-guaranteed fmla leave" I take that to mean that it's up to the employer to enforce that.  Doesn't that mean that FMLA can be enforced differently???  You started your response saying that it can't be enforced differently.   I'm confused?? 


Basically, the FMLA guarantees, at a minimum, that employees that meet the baseline qualifications may take 12 unpaid weeks off during the first year after their child is born.

Some employers may choose to pay their employees for some of that 12 weeks. Some employers may require that employees use some of their sick leave or paid time off during that 12 weeks. Some states (like nj and wa) have state-specific laws that offer additional guaranteed leave.

But the fmla itself only requires that you be given 12 weeks of leave, however it is handled internally within the company (paid/unpaid, sick leave, pto, etc.). It specifies that employers may require their employees to take all available leave simultaneously. Employers don't have to--the just have the right to.

Icarriedawatermelon

Thanks for the responses everyone! I appreciate it!

slh6363

I always thought it was concurrent but I suppose it could vary place to place. Im a teacher and for me FMLA is 12 weeks immediately following the birth. So for example if I have birth in June, the summer off would count as my time, I could not take 12 more weeks when school starts no matter how many sick days I have. Also, only 6 weeks are paid, which really stinks bc I had more sick days but could not use them, the second 6 weeks was unpaid.

slh6363

I always thought it was concurrent but I suppose it could vary place to place. Im a teacher and for me FMLA is 12 weeks immediately following the birth. So for example if I have birth in June, the summer off would count as my time, I could not take 12 more weeks when school starts no matter how many sick days I have. Also, only 6 weeks are paid, which really stinks bc I had more sick days but could not use them, the second 6 weeks was unpaid.

taylormarie923

Do you have an HR rep that is helping you or someone assigned to your case?  I was able to work out all the details of my leave that way and they handled all the paper work, just had to provide a phone and fax number for my doctor's office.

I originally took STD (6 weeks) that ran concurrently with FMLA.  However, my FMLA clock started over on January 1st.  I am taking the 12 weeks as an intermittent leave, using 2 hours a day until those hours run out.  They ended up eliminating my position, so I will be fired before I will have had a chance to use up the hours, but it was nice being able to work short days and still get paid a little something.

huntjul

My understanding is in most companies it runs concurrently. Be grateful you have FMLA -- there isn't any if you work in a foreign country. #6weeksformaternitysucks